January 2, 2018

Different Understandings of Sexual Harassment

It’s clear that we are experiencing a unique cultural moment regarding sex harassment in the workplace. News stories about accused harassers break daily in the news, and the “silence breakers” were named Time Magazine’s Person of the Year. Amidst this constant conversation, a recent Reuters poll demonstrates that not everyone in the workplace has the same understanding of what constitutes sexual harassment.

The poll found that most adults agree that intentional groping or kissing “without your consent” is considered sexual harassment. People were more divided over whether “unwanted compliments about your appearance” or “dirty jokes” would be considered sexual harassment. Under the law, any of these acts can be considered sexual harassment. This poll illustrates a challenge employer’s face: ensuring that their employees behave lawfully both to protect all employees and to lower the employers risk of a lawsuit.

Interestingly, a survey by the New York Times found that 25% of men surveyed admitted to performing one action that could be classified as sexual harassment in their workplace by: telling inappropriate jokes or stories; making sexist remarks; showing sexual material; engaging in unwanted sex talk; making gestures; asking someone on a date after they said no; asking someone to be in a relationship after saying no; touching someone; stroking someone, or; sexually coercing a co-worker. Many of the men did not identify those behaviors as "harassing."

People’s perceptions of what constitutes sexual harassment are not completely in sync with their co-workers or with the law. Clear training and workplace policies are critical to ensure that employees all understand what is acceptable in the workplace.

Employers: contact us to conduct training and update policies

EMPLOYEES: Contact us if you are dealing with sex harassment at work

Here’s Why Justice May Demand That Harvey Weinstein Goes Free

December 20, 2021
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On Wednesday, December 15, the Appellate Division, First Department of New York State heard arguments regarding the appeal of Harvey Weinstein’s criminal conviction for rape and assault. Read Senior Associate Alex Berke’s Daily Beast article about why overturning Weinstein’s conviction may be the just thing to do.

NYC Releases Guidance on Vaccine Mandate for Private Sector

December 17, 2021
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On December 27, 2021, all workers who either work in-person or who have significant daily contact with the public will need to show proof of vaccination, as required by Mayor De Blasio’s emergency executive Order 317.

Salary Transparency Comes to Job Listings in NYC

December 16, 2021
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On December 15, the NYC Council made it mandatory for all employers with four or more employees to provide minimum and maximum salaries on all job postings, effective April 14, 2022.

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